Terms/ FAQ

Welcome to Spark Pro's information page…the place you can learn all you need to know about Spark Pro

1.) How do I reach Customer Support?

You can email our customer support at support@sparkmotion.com. You will typically receive a prompt response, but certainly within 10 working hours (east coast time US).

2.) How do I cancel my monthly subscription account?

You can cancel your monthly subscription at any time by emailing support@sparkmotion.com and providing the following:

Your Account Name or Username (the email address you signed up with).

A contact phone number in case we need to reach you.

Terms and Agreement

1.THE APPLICATION

The Spark Motion Website, (the “Site”) is an internet based software application owned by Spark Motion, Inc, a Maryland Corporation (references to “we” “us” and “our” shall refer to such entity) that acts as a conduit for the transmission and private viewing of video and audio content (“Content”) between registered users of the Site and the storage of such content using a cloud-based platform (the “Application”). The Application permits the recording of voice over the videos and limited editing, with its primary purpose being to enhance sports performance or provide physical therapy remotely via the internet. A trainer, coach, or physical therapist (“Professional User”) may have their clients, students, or patients, as the case may be (“Personal Users”), upload a video of themselves performing an activity. The Professional User would then evaluate and dissect the movements with the aid of the Application, record his feedback/instructive comments with a voice overlay, and then send the video back to the Personal User.

The Professional User shall have the option of charging the Personal User (the “Ecommerce Option”) for their Screen Recorded Video (SRV)..

These Terms of Use apply to all users of the Site, both Professional Users and Personal Users.

2. ELIGIBILITY/USER ACCOUNTS/CHARGES

You must be at least thirteen (13) years of age and a resident of the United States to use this Site. All others are prohibited from using the Site. You must be at least 18 years of age to interact with a Professional User using the Ecommerce Option. To use the Site, you will be required to create an account with a username and password and provide information to us about yourself. You have the option of signing up as a Professional User or as a Personal User. You should select Professional User if you intend to use the Application to create SRV’s. If you will be uploading personal videos and merely viewing SRV’s created by a Professional User, you should select a Personal User account. Professional Users who wish to use the Ecommerce Option shall be billed the standard monthly subscription fee of nineteen dollars and 99/100 Dollars ($19.99) plus fifteen percent (7%) of whatever price is paid by their Personal Users to view the SRV’s (which will be forwarded to us on a per transaction basis). Personal Users may use the Site at no charge other than what is billed by a Professional User, if applicable. All pricing is subject to change at the sole discretion of Spark Motion Inc.

You are responsible for maintaining the confidentiality of your account username and password.

3. USE OF SITE AND APPLICATION

You are granted a license to use the Site and the Application subject to these Terms of Use. We reserve the right to close your account and deny you access to the Site and the Application at any time if we determine, in our sole discretion, that you have violated these Terms of Use. In using the Site, you acknowledge that we do not endorse nor can we control Content submitted by all Users at all times. By accepting and complying with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, and limited license to install and use the Application on a single authorized computing device located in the United States and its territories or any other country to which this Application may be offered by us. Nothing in this Agreement grants you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Application, and we have no obligation to furnish any such services regarding the Application.

4. OUR INTELLECTUAL PROPERTY RIGHTS

a. All of our content on the Site, our trademarks and service marks on the Site, as well as the organization and display of our content and all computer code, products, software, aggregate User data, and inventions used on and in connection with the Site, including, without limitation, the Application (collectively, the “Materials”) are the sole and exclusive property of Spark Motion, Inc and are protected by U.S. and/or foreign copyright laws. The Materials are provided for personal and non-public use only. We reserve complete title and full intellectual property rights in the Materials. You acknowledge that you do not acquire any ownership rights to the Materials, whether as a result of using the Site, downloading the Application or otherwise.

b. Except as expressly permitted herein, you may not use, download, post, display, publish, reproduce, copy, distribute, decompile or reverse engineer or otherwise attempt to create the source code from the Application or any part thereof, prepare derivative works based on the Application, circumvent or modify any security technology or software that is part of the Application, transmit, sell, transfer or otherwise use or exploit the Materials, nor in any way attempt to, or encourage or assist any other person to do any of the foregoing. You may not provide a hyperlink to, or otherwise use or exploit, any mark, logo or other proprietary graphic or trademark without our express written permission. You may not use the Materials other than the Application for its intended use as described in Section 1 herein.

c. Any unauthorized or impermissible use terminates all authorization and licenses granted by us. Notwithstanding the foregoing, it shall not be a violation of this Section 4 if you forward a link to the Site to another person or refer to the Site by name. Except as expressly provided herein, we do not grant you any rights, express or implied, and all rights in and to the Site and the Materials are retained by us.

5. YOUR CONTENT

a. Protection of Your to Content. By submitting your Content on the Site, you acknowledge that such Content will be stored on our servers (or our contractors’ servers). We will make commercially reasonable efforts to secure your privacy to such Content and will not disclose it to any third party without your prior consent. Disclosure of your Content is entirely within your control via the Site.

b. Responsibility for Your Content. You alone are responsible for all Content submitted or transmitted by you through your account. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by us.

c. Liability. You may expose yourself to liability if, for example, your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

d. Removal of Your Content. We may remove or reinstate User Content from time to time at our sole discretion. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

6. PROHIBITED CONDUCT

If you are a Posting Agent, i.e., a third-party agent, service, or intermediary that offers to post Content on behalf of others, you are not authorized to use the Site.

You agree not to post, email, or otherwise make available Content:

That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

That is pornographic or depicts a human being engaged in a sexual act of any kind;

That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

That impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful, non-deceptive parody of public figures);

That includes personal, identifying, or financial information about another person or videos or photos of a person without that person’s explicit consent;

That is false, deceptive, misleading, or deceitful;

That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;

That you do not have a right to make available under any law or under contractual or fiduciary relationships;

That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other Users’ ability to use the Site; or

That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.

In addition, you agree not to:

Contact anyone who has asked not to be contacted;

“Stalk” or otherwise harass anyone;

Collect personal data about other Users;

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or otherwise attempt to gain unauthorized access to Content on the Site or in other Users’ accounts through hacking, password mining or any other means;

Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

Attempt to gain unauthorized access to the Site’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;

Use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;

Use a Posting Agent;

Take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Materials;

Share your account or transfer your account to another person;

Violate any local, state, federal, or national law, statute, ordinance, or regulation that applies to your use of the Application.

7. COPYRIGHT DISPUTE POLICY

We have has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Our Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is our policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by us to be "repeat infringers."

a. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:

1. Identification of the copyrighted work that you claim has been infringed;

2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit us to locate such Content;

3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

Please note that Spark Motion, Inc may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that Site Content infringes your copyright.

b. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:

1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;

2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;

3. A statement that you consent to the jurisdiction of the Federal and state courts in the State of Maryland, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and

c. Address for Designated Agent. Please contact the Designated Agent at the following address:

Designated Copyright Agent

Spark Motion, Inc

5420 Butler Road,

Bethesda, MD 20816

The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced in Section 10 below.

8. UNAUTHORIZED ACCESS

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

9. INVESTIGATIONS

We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Use, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including your Content, in accordance with the privacy policy posted at the Spark Motion website.

10. FEEDBACK

a. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our technical support email found on the Website. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Use, (iii) any policy or practice of Spark Motion, Inc in operating the Site, or (iv) any Site Content, is to terminate the Terms of Use and your account.

b. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, perpetual, worldwide license to use, modify, publish, distribute, create derivate works from, and sublicense the Feedback without any compensation.

c. Evaluations. You agree not to release the results of any performance or functional evaluation of the Application to any third party without our prior written approval.

11. TERMINATION

a. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

b. You may terminate the Terms of Use at any time by closing your account via your cloud administration tool. If you close your account, we will cease displaying your Content, and you shall only be responsible for fees derived through the date of termination.

c. In the event of any termination, whether by you or us, Sections 4, 5, 7, 9, 10, 11, 14, 15, 16, 18, and 19 of the Terms of Use will continue in full force and effect.

12. DOWNLOADING FILES

We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

13. SOFTWARE

Any software available for download via the Site is the copyrighted work of Spark Motion, Inc and/or its licensors. Use of such software is governed by the terms of the End User License Agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the End User License Agreement.

14. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT NEITHER SPARK MOTION, Inc NOR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE. ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS SITE ARE PROVIDED “AS IS.” SPARK MOTION, Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SITE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SPARK MOTION MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH OPERATION OF THE SITE OR THE AVAILABILITY OF UNINTERRUPTED ACCESS TO THE SITE.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE OR APPLICATION; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR THE MATERIALS; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF SPARK MOTION, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. INDEMNITY

You agree to defend, indemnify and hold harmless Spark Motion, Inc, its affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse or inability to use the Site or the Application or any violation by you of these Terms of Use or the U.S. Copyright Laws.

17. CHANGES TO TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify these Terms of Use at any time. Changes in these Terms of Use are effective when posted. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

18. APPLICABLE LAWS

All matters relating to your access to and use of the Site shall be governed by the laws of the State of Maryland without regard to conflicts of law principles. Any legal action or proceeding relating to your access or use of the Site shall be instituted and adjudicated exclusively in a state or federal court in the State of Maryland. You hereby consent to personal jurisdiction in such courts.

19. MISCELLANEOUS

a. Notices. We may provide you with notices, including notice of changes to these Terms of Use, by postings on the Site.

b. No Waiver. Any failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of the right to exercise or enforce such right or provision in the future.

c. Severability. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use otherwise remain in full force and effect and enforceable.

d. Non-Assignability. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Use shall be void. You agree not to rent, lease, loan, sell, or distribute the Application, in any manner.

e. Entire Agreement. The Terms of Use contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.